Provides relative to visitation rights of grandparents and siblings. (8/1/18)
The enactment of SB 366 impacts existing family law by reinforcing and clarifying the rights of extended family members in visitation matters. By specifying the need for a court hearing to assess visitation requests, the bill underscores the importance of evaluating the child's best interests in these scenarios. The listed factors for courts to consider, such as the prior relationship between the child and the relative and the child’s own preferences, ensure that decisions are made holistically to safeguard the child's well-being while also honoring family connections.
Senate Bill 366 amends Louisiana's Civil Code to formalize the visitation rights of grandparents and siblings in the context of family law. Specifically, it introduces provisions allowing not only parents but also grandparents and, under extraordinary circumstances, other relatives to seek visitation rights if the child's parents are not married or have filed for divorce. This adjustment is designed to ensure that children can maintain relationships with family members other than their custodial parents, promoting stability and support in their lives.
The sentiment surrounding SB 366 appears largely positive, with proponents arguing that it fills a critical gap in the law by recognizing the important roles that grandparents and siblings play in a child's life. Advocates for the bill see it as a necessary step toward nurturing familial bonds that might otherwise be severed in complicated family situations, emphasizing the bill's focus on children's emotional and relational health. However, as with most legal changes, there may be concerns from opponents about potential unintended consequences or complications arising from the implementation of such visitation rights.
One notable point of contention may arise in the interpretation of what constitutes 'extraordinary circumstances' for relatives other than grandparents to gain visitation rights. The vague nature of this term could lead to varied applications in courts, which may result in inconsistencies across different jurisdictions. Additionally, opponents may debate the sufficiency of protections against potential parent-child relational disruptions caused by extended relatives gaining visitation rights, particularly in cases where the parental rights are contested or under dispute.